5 Form of notice under section 465A of the Crimes Act 1958 1
6 Form of notice under section 465D of the Crimes Act 1958 1
Schedule 1—Forms 2
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Endnotes 6
1 General information 6
2 Table of Amendments 8
3 Explanatory details 9
Version No.001
Crimes (Confiscation) Regulations 2024
S.R. No. 29/2024
Version as at
26 May 2024
1 Objective
The objective of these Regulations is to prescribe forms for the purposes of sections 465A and 465D of the Crimes Act 1958.
2 Authorising provision
These Regulations are made under section 505A of the Crimes Act 1958.
3 Commencement
These Regulations come into operation on 26 May 2024.
4 Revocation
The Crimes (Confiscation) Regulations 2014[1] are revoked.
5 Form of notice under section 465A of the Crimes Act 1958
For the purposes of section 465A(2)(b) of the Crimes Act 1958, the prescribed form is Form 1 of Schedule 1.
6 Form of notice under section 465D of the Crimes Act 1958
For the purposes of section 465D(2)(b) of the Crimes Act 1958, the prescribed form is Form 2 of Schedule 1.
Schedule 1—Forms
FORM 1
Regulation 5
Notice that Seized Property is Being Held
Crimes Act 1958—section 465A
You have received this notice because a magistrate has made a direction affecting property in which you have an interest.
A warrant under section 465 of the Crimes Act 1958 was issued
at [insert time] on [insert date]
by
Magistrate [insert name].
The warrant was issued to—
Name, Rank, No.
Address
The warrant authorised the seizure of property in connection with a criminal investigation. When the warrant was issued, the magistrate directed under section 465(1B) of the Crimes Act 1958 that the police officer who applied for the warrant hold or retain specified property seized under the warrant after it was no longer required for evidentiary purposes under that Act. The magistrate made this direction on the basis that the specified property was also tainted property under the Confiscation Act 1997.
The warrant was executed at [insert address or description of land or premises].
When the warrant was executed, police seized property in which you have an interest. This property is described below.
This property is no longer required for evidentiary purposes under the Crimes Act 1958. In accordance with the direction of the magistrate, the property will be held by the police and dealt with under the Confiscation Act 1997, as if it had been seized under a warrant under section 79 of that Act.
Property which will be held—
[insert description of property]
Property seized under a warrant under section 79 of the Confiscation Act 1997 may be returned to you in certain circumstances under section 97 of that Act.
Victoria Police or the Asset Confiscation Operations business unit in the Department of Justice and Community Safety may be contacted for more information at [insert contact details].
FORM 2
Regulation 6
Notice that Seized Property is Being Held
Crimes Act 1958—section 465D
You have received this notice because the Magistrates' Court has made a direction affecting property in which you have an interest.
A warrant under section 465 of the Crimes Act 1958 was issued
at [insert time] on [insert date]
by
Magistrate [insert name].
The warrant was issued to—
Name, Rank, No.
Address
The warrant authorised the seizure of property in connection with a criminal investigation. When the warrant was executed, police seized property in which you have an interest. This property is described below.
The warrant was executed at [insert address or description of land or premises].
When the warrant was returned to the Magistrates' Court, the Court directed under section 465C of the Crimes Act 1958 that a police officer hold or retain the property described below after it was no longer required for evidentiary purposes under that Act. The Magistrates' Court made this direction on the basis that this property was also tainted property under the Confiscation Act 1997.
This property is no longer required for evidentiary purposes. In accordance with the direction of the Magistrates' Court, the property will be held by the police and dealt with under the Confiscation Act 1997, as if it had been seized under a warrant under section 79 of that Act.
Property which will be held—
[insert description of property]
Property seized under a warrant under section 79 of the Confiscation Act 1997 may be returned to you in certain circumstances under section 97 of that Act.
Victoria Police or the Asset Confiscation Operations business unit in the Department of Justice and Community Safety may be contacted for more information at [insert contact details].
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Crimes (Confiscation) Regulations 2024, S.R. No. 29/2024 were made on 30 April 2024 by the Governor in Council under section 505A of the Crimes Act 1958, No. 6231/1958 and came into operation on 26 May 2024: regulation 3.
The Crimes (Confiscation) Regulations 2024 will sunset 10 years after the day of making on 30 April 2034 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Crimes (Confiscation) Regulations 2024 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
Reg. 4: S.R. No. 42/2014 as amended by S.R. No. 42/2014. ↑